Out-Law News 4 min. read

Ireland launches maritime safety overhaul to complement ‘blue economy’


New Irish legislation will facilitate the growing needs of vessels in offshore energy projects and boost the country’s burgeoning ‘blue economy’, experts say.

The Irish government introduced legislation earlier this month which will establish a regulatory regime for new types of vessels used in the offshore energy sector, along with a new full-time Marine Accident Investigation Unit (MAIU).

While the size and cost of Ireland’s phase 1 offshore wind projects has understandably attracted more attention, the modernising of critical parts and components of the related supply chain is a significant meaningful step in the wider blue economy – broadly, sustainable economic activity associated with the ocean, seas and coastal regions – according to Garrett Monaghan of Pinsent Masons.

The legislative developments follow an independent review in 2021 which recommended that marine casualty investigation in Ireland should transition from a part-time set-up to a full-time approach in line with international best practice and to mirror the state's existing approach to accident investigations in the aviation and railway industries.

The new regime came into force on 1 June as the government commenced key provisions of the Merchant Shipping (Investigation of Marine Accidents) Act 2025 (through S.I. No. 188/2025), which mark a new phase in the regulation of marine accident investigations and offshore service vessels (OSVs). The provisions that came into force include part 1, which lays the groundwork for the act, and part 5, which introduces a regulatory framework for OSVs.

Part 1 sets out the act’s definitions, scope, and the transport minister’s powers to make regulations. It also repeals the Merchant Shipping (Investigation of Marine Casualties) Act 2000 and revokes the 2011 EU regulations on marine accident investigation. While largely administrative, it provides the necessary legal foundation for the rest of the act.

Under the provision, the MAIU, which sits within the Department of Transport, will replace the Marine Casualty Investigation Board as the country’s permanent authority responsible for investigating marine accidents both in Irish waters and those involving Irish-flagged vessels anywhere in the world. The unit will be led by a chief investigator and staffed by full-time permanent investigators.

Part 5 introduces a new regulatory regime for OSVs – a class of ships that transport and accommodate more than 12 industrial personnel working in offshore energy, aquaculture, and marine construction.

The new rules apply to Irish-registered OSVs and foreign vessels operating in Irish ports or on domestic voyages, excluding naval vessels, fishing boats, and pleasure yachts. Vessels must obtain an industrial personnel safety certificate, undergo regular surveys, and comply with detailed safety and design standards aligned with the International Code of Safety for Ships Carrying Industrial Personnel (‘IP Code’).

The legislation empowers the transport minister to make binding rules on vessel construction, equipment, crew training, and the carriage of dangerous goods. It also grants authorised persons, including surveyors and recognised organisations, the power to inspect, detain, or direct vessels found to be non-compliant.

As well as establishing a new regulatory regime, the act also introduces a robust enforcement framework. Offences under the part 5 OSV regulatory framework can attract fines of up to €500,000 or imprisonment for up to five years. Vessels may be detained for safety breaches, and certificates can be suspended or revoked if a vessel is found to be unsafe or operating outside its certified parameters.

Previously Ireland had no specific legislation regulating offshore service vessels. The only reference to these vessels under Irish law was contained within the European Union (Passenger Ship) Regulations 2019 (S.I. No. 676/2019), which implements EU Directive 2009/45/EC.

Although the latter regulation exempts offshore service vessels from passenger ship requirements, placing them in a separate category, under Irish law these vessels were still classified as passenger ships or boats, and industrial personnel were considered passengers, making it inconsistent with international standards. The new framework now ensures that any vessels supporting offshore renewable energy projects meet the highest safety standards and comply with EU maritime safety directives.

The remaining parts of the act, including the establishment of the MAIU, are expected to be commenced at a later date.

Monaghan, an energy and infrastructure expert at Pinsent Masons, said the developments would give a much-needed boost to Ireland’s maritime security and burgeoning blue economy. “A secure marine environment attracts investment in aquaculture and biotech, marine tourism and research and innovation hubs,” he said.

Ireland's marine territory is 10 times larger than its landmass and one of the largest in the EU. It includes offshore wind zones, fisheries, shipping lanes, data cables and marine biodiversity hotspots.

A recent report by national marine science agency the Marine Institute, and the University of Galway’s Socio-Economic Marine Research Unit, revealed that Ireland’s ocean economy achieved a turnover of €6.5 billion in 2023, contributing €2.7 billion in gross value added (GVA) and supporting approximately 39,000 jobs. The government’s ‘Our Ocean Wealth’ strategy and national marine planning framework envision the ocean as a key driver of future economic growth.

However, this growth relies on critical maritime infrastructure security in the face of increasing threats, including accidents and collisions, environmental hazard, cyber threats and illegal fishing and smuggling. It is expected that the new legislation, particularly the provision to replace the part-time MCIB with a full-time MAIU, will help towards improving the nation’s marine security.

The legislation is also expected to provide an unprecedented boost to the country’s offshore wind power sector – a key component of Ireland’s plan to achieve carbon neutrality by 2050.

“Ireland aims to generate at least 37 GW of offshore wind by 2050,” said Monaghan. “These installations require constant marine logistics, crew transfers, and infrastructure protection. Without robust marine safety and security, the energy transition is at risk.”

Co-written by Shani Stallard and Helen Sparrow of Pinsent Masons.

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